Mithusinh Pannasinh Vs. Gujarat State Road Transport Corp. & Anr.
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Head Note
Motor Vehicles Act,1988 - Section 166 , Section 173
Reduction in Compensation - Challenge as to - Appellant has proved that he has lost his speaking power as also lost his memory retention power due to causing of head injury - Further he is not able to move freely at the age of 35 years - Due to these injuries, he has also lost his job- Permanent disabilities caused to him to the extent of 50% or 30% due to such injuries are held proved by the appellant coupled with the amount spent by him in receiving medical treatment also duly held proved by him - Continuous mental pain and agony suffered by him a sum of Rs.4,00,000/- claimed by the appellant by way of compensation held to be just and reasonable and reducing it to Rs.1,54,200/- by High Court not sustainable - Impugned order is modified and appellantclaimant's favour by awarding a sum of Rs.4,00,000/- by way of compensation against respondent No.1- Corporation and it would carry interest at the rate of 6% per annum payable from the date of claim petition till realization.
Topic(s)-MACT - Reduction in Compensation